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We received the sad news today that Wally Bowen, one of the leading advocates fighting to bring affordable broadband to rural communities, especially in Appalachia, recently passed away.

In addition to many other contributions, Wally served as founder and executive director of the nonprofit Mountain Area Information Network in Asheville, North Carolina. He spoke on media reform at a number of venues, including the Aspen Institute, the New America Foundation, and the National Association of Telecommunications Officers and Advisors (NATOA).

Having collaborated with Wally, Chris understood his passion and dedication and gave this tribute:

Wally Bowen was an inspiration in many ways. He worked tirelessly to improve Internet access in the rural mountains of western North Carolina and for media justice. When I began working in this area, Wally was already a champion of community networks and incredibly welcoming.

Over the years, I always respected him and even enjoyed our occasionally friendly disagreements because I always knew we was thinking deeply about these issues and cared so very much about connecting people that the market was leaving behind.

Because we respected Wally's work, over the years we published a number of his pieces. We already feel the void left by the loss of Wally Bowen but are encouraged by the positive results he left behind.

Nine months ago, the FCC voted to peel back laws in Tennessee and North Carolina that eliminate local authority and discourage expansion of broadband investment. As was expected, both states filed appeals and those appeals were consolidated for review by the U.S. Court of Appeals for the Sixth Circuit covering Michigan, Ohio, Kentucky, and Tennessee.

It has been a long and arduous journey for the parties, their attorneys, and local authority advocates. In order to help MuniNetworks.org readers stay informed of the parties and their arguments, we gathered together a collection of resources related to the original Order and the Appeal.

Update: On August 10, 2016, the U.S. Court of Appeals for the Sixth Circuit filed its opinion in the case. The Court reversed the FCC's ruling, restoring the state barriers in Tennessee and North Carolina. Naturally, we are disappointed, as are a number of local authority advocates. For access to the Opinon, Statements from pro-muni advocates, FCC Commissioners, and more, visit our August 10th story.

While Google Fiber and AT&T focus on the large cities of the Research Triangle of North Carolina, the small town of Holly Springs is pursuing a third option.

Holly Springs will be the third town to see Ting’s “crazy fast fiber Internet.” After a successful foray into the U.S. mobile service market, the Toronto-based company Ting has started to provide Internet service by partnering with local governments. Ting will offer 1 Gbps in Holly Springs by building on the town’s $1.5 million municipal fiber network.

Muni network restricted by state law

Holly Springs, with a population of almost 30,000, has worked hard to improve its connectivity. In mid-2014, they completed a 13-mile fiber Institutional network (often called an “I-Net”) to connect the municipal buildings and other public institutions, such as schools and hospitals.

Unfortunately, when business and residents wanted to connect to the network, a North Carolina state law prevented the town from providing Internet services directly. As it became obvious that Google Fiber would not pass through the town, leaders worked with a consulting company to try to draw in a private Internet service provider (ISP).

Ting! Innovative Partnerships

The locked-up potential of that fiber helped attract Ting. The municipal network's unused fiber will function as a backbone for Ting to deploy its own last-mile infrastructure, which will provide connectivity directly to homes and businesses.

Ting has had success with small towns. The first Ting town was Charlottesville, Virginia, where the company bought a local ISP’s existing fiber network, improving the speeds and prices. Most recently, Ting partnered with the city of Westminster,...

Salisbury, North Carolina's Fibrant, now holds the distinction of offering the fastest Internet access in the country. The municipal network is making 10 Gbps symmetrical connectivity available for residents and businesses.

Fibrant's first 10 Gbps customer is Catawba College, a local school that will use the ultra-fast connections for its new Digital Media Creation and Collaboration labs. In a press release Joanna Jasper, Catawba CIO stated:

"By moving to Fibrant's 10 Gbps speeds, the College is in a better position to differentiate itself. We can bring world-class broadband services to our campus community to support the next generation of educational applications."

…

"The future is all about rich immersive digital media and being able to communicate and collaborate with others in real-time regardless of where people are in time and space."

The city of Salisbury hopes this new standard will set it apart from other North Carolina communities and entice more economic development. From a BizJournals article:

“It helps us differentiate ourselves” among cities and states seeking technology companies, [says Kent Winrich, Director of Broadband and Infrastructure Services]. “It will attract international companies. It’s not sniping businesses from Charlotte.”

The network, which already offers gigabit connectivity to businesses and residents for around $100 per month, has attracted several businesses to a community that once struggled with job loss. Mayor Paul Woodson told WFAE that the investment in Fibrant grew out of necessity:

"All we were trying to do was differentiate ourselves from other cities. We lost our mills, we lost our furniture factories. We decided we need to do something to replace the...

When Wilson decided to build its municipal fiber network in North Carolina, it found a strong opponent in Tina Mooring, store manager of Computer Central. One of the local business' sources of revenue was connecting people to the Internet and they were fearful that they would lose customers to what became Greenlight, the municipal fiber network that delivered the first 100 Mbps citywide service in the state and later the first citywide gig as well.

In this week's Community Broadband Bits, Tina Mooring gives us the background and reasoning for this interesting change of heart. This is a short interview, but we hope to see more of these collaborations and partnerships in other communities, where local businesses can use municipal fiber networks to sell business-to-business services.

The Roanoke Daily Herald published this op-ed about local government action for broadband networks on September 25, 2015.We were responding to an earlier Op-Ed, available here. Christopher Mitchell wrote the following op-ed.

It is stunning any legislator can look at the constituents they serve in rural North Carolina and think, “‘These people don’t need the same high quality Internet access now being delivered in Charlotte and the Triangle. They should be happy with whatever cable and telephone companies offer.”

But that’s just what I think Representatives Jason Saine and Michael Wray are implying in their recent opinion piece on community broadband networks.

By supporting U.S. Sen. Thom Tillis’ legislation to remove local authority for building broadband networks, the two lawmakers are siding with big cable and telephone firms over their own communities.

It is hardly a secret that Time Warner Cable, AT&T, CenturyLink and others are investing too little in rural communities. The majority of residents and local businesses in North Carolina have no real choice today and can expect their bills to go up tomorrow.

Areas served by coops or locally-rooted companies are more likely to see upgrades because they are accountable to the community in ways that national firms are not. Local firms are more willing to invest in better networks and keep prices low because they live in the community.

North Carolina communities stuck with no broadband or slow DSL and cable at best are disadvantaged in economic development and property values. This is why hundreds of local governments have already invested in fiber optic networks — with remarkable success.

Wilson is one example, where the city built the first gigabit fiber optic network in the state. The network has paid all its bills on time and the largest employers in the area all subscribe to it. One local business, which was a vocal opponent of the idea at first, now...

Without question, the landscape is changing for local governments, but in a good way. Most significantly, the future is not in cable, but in broadband. Even the cable operators acknowledge this.

Rather than wait for incumbent ISPs to build the network your cities want and need, you can take control of your own broadband futures. Rather than thinking of yourselves as taxers and regulators, which has been the traditional role, you can think of yourselves as facilitators of the kind of services you’ve been begging the incumbents to provide for years.

This is incredibly exciting, and I’m sure somewhat frightening. But the new model for local governments looks to benefit their citizens through externalities, not direct revenues.

We are making changes of our own at the FCC to reflect the shifting broadband landscape and make sure that we seize the new opportunities and mitigate the challenges. For example, we pre-empted restrictions on community broadband in response to petitions from community broadband providers in Tennessee and North Carolina.

Salisbury's municipal FTTH network, Fibrant is the first citywide 10 Gbps network in the nation. Located in North Carolina, Salisbury is also one of very few municipal citywide fiber networks that was built by a city without a municipal electric plant. This week, Salisbury Director of Broadband and Infrastructure, Kent Winrich, joins us for Episode 168 of the Community Broadband Bits podcast.

We talk about why Salisbury opted to build its own fiber network and then supercharge it with enough upgrades to be able to offer 10 Gbps capacity throughout the community. We discuss economic development opportunities and how those outside of Salisbury would like to see it expand.

After searching for a suitable partner, the Village of Bald Head Island in North Carolina has reopened its RFP for a gigabit fiber network. Apparently, the community received four responses but no proposal provided the level of detail they require.

In order to give respondents another opportunity and to offer new candidates a chance, Bald Head Island leaders chose to release the RFP a second time with additional questions and a responsibility matrix. No response will be considered without answers to these new appendices. All three documents are available on the Village website.

The Village of Bald Head Island is home to approximately 160 year-round residents, but numbers swell to 7,000 during the busy tourist season. Vacation homes and part-time residents bring the potential fiber service area up to 2,500 but incumbents AT&T and Tele-Media don't see the value of bringing fiber to such an environment. The StarNews Online described community leadership's frustration and decision to move forward:

"Broadband is not available on Bald Head Island," said Calvin Peck, the village's manager. "It just isn't, and none of the current providers have plans to invest the money to make it available, so the village council feels it's an important enough issue to spend village resources to make it happen."

While Bald Head Island looks for a partner it also plans to ask voters if they agree to pursue better broadband. Voters will decide on November 3rd if they support a $10 million bond issue. Community leaders will focus on revenue bonds, one of the most common ways to finance municipal network deployment. This mechanism shifts repayment to those who use the network, reducing financial risk to the community at large.

Clearly community leaders understand that the time to act is now:

"We are losing people who would build, buy or rent property on the island because they do not have Internet service," said Gene Douglas, the village's mayor pro tempore. "Many executives of major companies' office is wherever they are as long as they have...

Winston-Salem struck up a smart deal with the North Carolina Department of Transportation in 2011. Four years later, that agreement allows the city to move forward with its vision for an I-Net.

The Winston-Salem Journal reports that the City Council recently approved $826,522 for networking equipment to light up city owned fiber installed by the NCDOT. The agency has been upgrading area traffic control systems, a project estimated at around $20 million. Winston-Salem took advantage of the opportunity and paid the agency $1.5 million to simultaneously install its own fiber in the state conduit.

“The city was able to have the network built at only the cost of the fiber,” [city information systems department Chief Officer Dennis] Newman said. “They (state traffic contractors) are running fiber optic cable all around the city to where all the traffic lights are at. This will enable us to connect to all facilities all over the city – fire stations, public safety centers, satellite police stations – right now there are about 40 locations that we have targeted to connect to.”

As is typically the case, Winston-Salem currently pays private providers for connections at each facility but when the new I-Net is up and running, they will be able to eliminate that expense. The new voice and high-speed network will outperform current connections, described in the article as "out-of-date." City officials also told the Journal that some municipal offices have no Internet access at all but will be connected to the new I-Net.

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Do not be fooled — this debate is not between “purely” private companies and municipal governments; it is between heavily-subsidized beneficiaries of governmental handouts on one side and locally-elected and openly accountable public servants on the other.